TRESemmé Keratin Shampoo Maker Facing Class Action Lawsuit Over Preservative

Yet another class action is forming against Unilever, a personal care brand under fire for its use of a controversial preservative in its TRESemmé keratin shampoo. 

Lead plaintiff Iris Arroyo alleges the company knowingly uses a chemical known as DMDM hydantoin in TRESemmé Smoothing and Keratin Smooth Color shampoos despite evidence showing it causes hair loss and scalp irritation and can react in a way as to form formaldehyde, a carcinogen. 

Unilever “continued to conceal the dangers,” Arroyo says in the complaint, “by continuing to claim the Products were safe” and “failing to appropriately and fully recall” the keratin shampoo. 

The class action lawsuit marks the third such action in the last two months against the keratin shampoo maker alleging the use of DMDM hydantoin. 

In December, consumers from Illinois and Pennsylvania filed two separate class action lawsuits after using the keratin shampoo and reporting hair loss. 

In both of those cases, plaintiffs allege a continued use of DMDM hydantoin by TRESemmé as a preservative in its keratin shampoos. 

Arroyo and the other Class Members argue the use of DMDM hydantoin not only irritates the scalp but can also cause cancer, claiming the preservative slowly leaches formaldehyde over time.

Arroyo says Unilever has known about these issues since at least 2012 and that they settled a class action lawsuit that made similar claims against its Suave line of keratin shampoos for $10 million in 2016. 

The complaint cites several studies, including one dating back to 1987, showing the risks surrounding DMDM hydantoin. 

In 2015, according to the class action lawsuit, researchers found keratin shampoos stored over time at higher temperatures can “lead to more severe health concerns.” 

“Reactions that generated formaldehyde occur silently as the products sit on shelves in stores or bathroom cabinets,” Arroyo claims. 

Unilever uses these chemicals to keep the keratin shampoo from spoiling, Arroyo explains, despite alternatives being available. 

The Food and Drug Administration (FDA) lists DMDM as one of the top allergens used in cosmetic products. the chemical was ranked the 21st most common allergen by the Journal of Clinical and Aesthetic Dermatology in 2010, according to the National Center for Biotechnology Information.

Arroyo further cites the FDA in the complaint, saying the agency found DMDM hydantoin can “‘trigger the immune system to release chemical substances such as antibodies,’ resulting in reactions such as itchiness, red rashes on the skin, or more extreme reactions.”

TRESemmé Keratin Smooth shampoo is “dangerous and unsafe for sale as over-the-counter hair smoothing shampoo products,” Arroyo says. 

Formally, Arroyo is accusing Unilever of violating New Jersey’s Consumer Fraud Act, of breaching warranties and contract and of unjust enrichment. 

Do you use TRESemmé keratin shampoo? Have you experienced any hair loss or scalp irritation from using the products? Let us know in the comments below.

Counsel representing the plaintiffs in the keratin shampoo class action lawsuit are Jonathan Shub and Kevin Laukaitis of Shub Law Firm LLC; Andrew J. Sciolla of Sciolla Law Firm LLC; Daniel K. Bryson, Harper T. Segui and Caroline Ramsey Taylor of Whitfield Bryson LLP; and Melissa R. Emert and Gary S. Graifman of Kantrowitz, Goldhamer & Graifman PC.

The Keratin Shampoo Class Action Lawsuit is Arroyo, et al. v. Unilever United States Inc., et al., Case No. 2:21-cv-00302, in the U.S. District Court for the District of New Jersey. 

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